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Health& Wellness - Frank D. Lanterman Regional Center

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2<br />

The New Medicare<br />

Prescription Drug Benefit:<br />

Its Effect on <strong>Regional</strong><br />

<strong>Center</strong> Clients<br />

4<br />

You may have heard<br />

or read that the<br />

federal government<br />

has passed a law<br />

expanding the Medicare<br />

program to include a<br />

prescription drug benefit, called Medicare Part D.<br />

The new benefit will take effect on January 1, 2006<br />

and it will affect <strong>Regional</strong> <strong>Center</strong> clients who<br />

receive health coverage under both the Medicare<br />

and Medi-Cal programs. These clients are called<br />

“dual-eligible.” The main change is that their<br />

prescription medications will be paid for by<br />

Medicare rather than Medi-Cal.<br />

There are several things that our dual-eligible<br />

clients, their families and service providers should<br />

know about the changes that are coming.<br />

LOW-INCOME SUBSIDY<br />

For people who are covered by Medicare only,<br />

there will be fairly substantial co-payments and<br />

other costs associated with this new drug benefit.<br />

People who are dual-eligible, however, will receive a<br />

low-income subsidy that will pay a large portion of<br />

these costs. In other words, <strong>Regional</strong> <strong>Center</strong> clients<br />

receiving Medi-Cal and Medicare will receive this<br />

low-income subsidy to help them pay the costs that<br />

Medicare-only beneficiaries must pay for<br />

prescription drugs. These clients will still be<br />

required to make co-payments, but the amounts of<br />

these co-payments will be small. For example, copayments<br />

for our clients will most likely be $1 or $3<br />

for a prescription. In addition, this new benefit may<br />

not cover all of the medicines that a person is<br />

taking. (See below for more information)<br />

LETTER OF NOTIFICATION<br />

Anyone on Medicare can apply to receive the lowincome<br />

subsidy, but people who are dual-eligible<br />

don’t have to apply. The government has already<br />

decided that these people will receive the subsidy.<br />

So, during the month of June, <strong>Regional</strong> <strong>Center</strong><br />

clients who are dual-eligible should have received<br />

letters from Medicare telling them that they will be<br />

getting the low-income subsidy. Clients and families<br />

should be sure to watch the mail for a letter from<br />

Medicare. If you receive such a letter of notification you<br />

do not have to reply to it. <strong>Regional</strong> <strong>Center</strong> clients<br />

should, however, notify their service coordinators<br />

that they received this letter.<br />

PICKING A PRESCRIPTION DRUG PLAN<br />

The Medicare prescription drug benefit will be<br />

provided through a series of “plans,” and each<br />

beneficiary must choose which plan they want to be<br />

covered by. These plans will differ from one<br />

another in the drugs that they cover. So, while one<br />

plan may cover all of the drugs a person takes,<br />

another plan might not. For this reason it is very<br />

important that a person try to find a plan that covers all<br />

of the drugs that they take. Clients and families should<br />

be assured, however, that the <strong>Regional</strong> <strong>Center</strong> will<br />

help ensure that clients have access to all of the<br />

medications they need.<br />

In the fall of 2005, all eligible beneficiaries will<br />

receive a letter inviting them to choose the<br />

prescription drug plan that they want to join. If<br />

a person does not choose a plan by December<br />

31, 2005, the government will select one for<br />

them so that they can begin receiving the<br />

benefit on January 1, 2006. Clients and their<br />

families should be sure to make a choice so<br />

they will be enrolled in the plan that best meets<br />

their needs.<br />

At the moment we have no information about what<br />

prescription drug plans will be available to <strong>Regional</strong><br />

<strong>Center</strong> dual-eligible clients or what will be covered<br />

by these plans. As we move closer to the fall,<br />

however, we will be receiving more information. We<br />

will then be able to help clients and their families<br />

evaluate the various plans to decide which one is<br />

the best choice for them.<br />

Parents of Children with Special<br />

Needs can Benefit from the New<br />

Paid Family Leave Law<br />

Article courtesy of the Paid Family Leave Collaborative (www.paidfamilyleave.org)<br />

Do you need to take time off work to care for your child with special needs? Are you worried<br />

about whether you can afford to take time off, or whether you will get your job back?<br />

California has a new law to benefit working parents who need to take time off to care for a child<br />

with a serious health condition. If you have a child with special needs, his or her condition may be<br />

considered a serious health condition, and you may be eligible for Paid Family Leave benefits.<br />

What are Paid Family Leave Benefits?<br />

Paid Family Leave benefits are partial wages paid by the Employment Development Department<br />

(EDD). Like short-term disability or pregnancy disability, the payments are approximately 55<br />

percent of the employee’s wages. Employees can receive the benefits for up to six weeks each<br />

year, either intermittently or all at once, if they have to miss work to care for a child, spouse,<br />

registered domestic partner or parent with a serious health condition.<br />

Who is eligible to receive Paid Family Leave?<br />

Everyone who works and participates in the State Disability Insurance (SDI) program is eligible,<br />

whether they work full-time or part-time, and regardless of the size of the employer or how long<br />

they have worked there. Most California employees pay into SDI. (State, school district and some<br />

local government employees do not.) Check your paystub for an SDI deduction. To receive<br />

benefits, you must be taking time off work to bond with a new child (birth, adopted or foster) or<br />

to care for a parent, spouse, partner or child with a serious health condition.<br />

Does your child have a “serious health condition?”<br />

Under the new law, several common physical and mental impairments are considered serious<br />

health conditions. Some examples are asthma, epilepsy, cerebral palsy and spina bifida.<br />

Generally, a serious health condition is one which:<br />

• requires a hospital stay; or<br />

• prevents an individual from participating in normal activities for three days or more, for<br />

example, a child’s inability to attend school; or<br />

• requires multiple treatments to prevent incapacitating the individual; or<br />

• is a chronic serious health condition; or<br />

• is an incurable illness.<br />

Paid Leave Information<br />

Employment Development Department:<br />

877.BE.THERE (English)<br />

800.563.2441 (TTY)<br />

866.658.8846 (Spanish)<br />

www.edd.ca.gov<br />

Legal Hotlines<br />

The Legal Aid Society –<br />

Employment Law <strong>Center</strong>: 800.880.8047<br />

Asian Law Caucus: 415.896.1701<br />

Equal Rights Advocates: 800.839.4372<br />

California Women’s Law <strong>Center</strong>: 213.637.9900<br />

To find out if your child’s condition meets the<br />

legal requirements, ask your health care<br />

practitioner or call the Paid Family Leave<br />

Collaborative numbers listed to the left.<br />

What if you need to take your child to<br />

appointments one day each week?<br />

Paid Family Leave benefits are available whether<br />

you take days off consecutively or intermittently. If<br />

you regularly miss work to take your child to<br />

appointments for therapy or treatments, you may<br />

receive benefits to compensate you for missed<br />

work time.<br />

Must the employer allow an employee to take<br />

leave?<br />

All employees covered by the Family and Medical<br />

Leave Act (FMLA) have the right to take leave and return to their job. You are covered by FMLA<br />

if you have worked for your employer for one year and 1,250 hours in that year, and your<br />

employer has 50 or more employees within a 75-mile radius.<br />

Even if you are not covered by FMLA, you may still receive Paid Family Leave benefits if you have<br />

been paying into the system. Talk to your employer about getting permission to take time off<br />

work. Parents with legal questions about their employment and Paid Family Leave should call<br />

the hotlines listed above.<br />

How to Apply for Paid Leave Benefits<br />

File a claim form with the Employment Development Department. Claim forms are available<br />

from your medical practitioner or from EDD. You will be asked to provide a medical certificate<br />

signed by a health practitioner stating that you are needed to care for the child. There is a sevenday<br />

waiting period before benefits are paid.<br />

This article is intended to provide accurate, general information about Paid Family Leave. Because laws<br />

and legal procedures are subject to frequent change and differing interpretations, the Paid Family Leave<br />

Collaborative cannot ensure that the information in this article is current, nor be responsible for any use to<br />

which it is put. Do not rely on this information without consulting an attorney or the appropriate agency<br />

about your rights.<br />

Online Resources for Airline Travel for Medical Needs:<br />

Association of Cancer Online Resources (ACOR)<br />

www.acor.org/ped-onc/resources/airlineflights.html<br />

The organizations listed on this site provide airline flights for patients that need to<br />

travel for medical reasons. Listings include a description of the type of air service<br />

offered and contact information. Some of the organizations included in this listing<br />

are Air Care Alliance, Air LifeLine, Angel Flight, Children’s<br />

Flight of Hope, Corporate Angel Network, Delta Air<br />

Sky Wish at United Way, Dreamline,<br />

LifeLine Pilots, Mercy Medical Airlift,<br />

Miracle Flights for Kids, National Patient Air<br />

Travel HELPLINE, Northwest Airlines Kid<br />

Cares program, Operation Liftoff, American<br />

Airlines Advantage Miles for Kids in Need,<br />

and Wings of Freedom.

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